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NIST's Rule Changes Create Uncertainty For Contractors Regarding Ownership Of Patents
On May 14, 2018, rule changes from the National Institute of Standards and Technology (NIST) modifying the agency's regulations implementing the Bayh-Dole Act ....
United States
22 Jun 2018
2
USPTO Updates Guidance Leading To More Favorable Consideration Of Patent Eligibility
On April 19, 2018, the United States Patent & Trademark Office issued a memorandum that explains the circumstances under which an examiner can conclude that technology...
United States
27 Apr 2018
3
Federal Circuit Requires More Evidence Before Invalidating As Ineligible
In Berkheimer v. HP Inc., the US Court of Appeals for the Federal Circuit affirmed in part and vacated in part a district court's grant of summary judgment of patent ineligibility under 35 U.S.C. § 1011.
United States
23 Feb 2018
4
McRo Decision Gives Software/Computer-Based Patents A Big Boost
On September 13, 2016, the US Court of Appeals for the Federal Circuit held as patent-eligible patent claims directed to automated lip-synching for animated characters.
United States
16 Sep 2016
5
USPTO Issues Updated Instructions To Examiners For Evaluating Eligibility Under Section 101
As the U.S. Patent & Trademark Office continues to reject applications as being directed to ineligible subject matter in the wake of Alice Corp. v. CLS Bank Int'l, 573 U.S. __, 134 S. Ct. 2347 (2014)...
United States
13 May 2016
6
USPTO Publishes A Midyear Supplementary Update To Interim Guidance On Subject Matter Eligibility
On July 30, 2015, the United States Patent and Trademark Office (USPTO) published a midyear update to the 2014 Interim Guidance on Subject Matter Eligibility (IEG).
United States
6 Aug 2015
7
File Inventor Oaths/Declarations Early In US National Stage Applications
Effective as of May 13, 2015, the USPTO implemented rules regarding the upcoming entrance of the United States into the Hague Agreement Concerning the International Registration of Industrial Designs.
United States
1 Jun 2015
8
Patent Office Issues "Interim Guidance" Reaffirming No Per Se Exclusion To Subject Matter Patentability
Recently patent practitioners and US Patent Office (PTO) examiners received additional, and much needed, guidance for determining whether certain types of inventions are eligible for patent protection.
United States
22 Jan 2015
9
Supreme Court Sends Computer-Implemented Business Method Claims Down The Rabbit Hole
The US Supreme Court has maintained its solidarity with yet another 9-0 patent decision in Alice Corporation v. CLS Bank.
United States
23 Jun 2014
10
The US House Of Representatives Passes The Innovation Act, Which Makes Significant Changes To Patent Litigation
On December 5, 2013, the US House of Representatives passed Judiciary Chairman Bob Goodlatte's (R-VA) patent reform legislation, H.R. 3309, the "Innovation Act," by a vote of 325 to 91.
United States
16 Dec 2013
11
US Supreme Court To Review Patent Eligibility In Fundamental Computer Patent Case
Since the Supreme Court's decision in In re Bilski in 2010, the computer industry has been struggling with the question of how to determine patent eligibility of software and business method patents under 35 U.S.C. § 101.
United States
13 Dec 2013
12
President Obama Recommends Proposals To Combat Patent Trolls
US President Barack Obama recently announced an initiative that includes five executive actions and seven legislative recommendations to "protect innovators from frivolous litigation and ensure the highest-quality patents in our system."
United States
11 Jun 2013
13
US Congress Proposes A Litany Of Solutions To Patent Troll Suits
Even after years of refining the laws that were eventually enacted as the America Invents Act in 2011, some members of Congress seek to curb litigation initiated by certain non-practicing entities.
United States
7 Jun 2013
14
US Federal Circuit Deals Blow To Software Patents, But Fails To Provide Cohesive Rationale
The US Court of Appeals for the Federal Circuit recently issued a highly anticipated, but in the end somewhat unfulfilling, en banc decision in CLS Bank v. Alice Corp., holding that claims for a computerized trading platform were ineligible subject matter under 35 U.S.C. § 101, regardless of their characterization as a method, system, or computer readable medium.
United States
31 May 2013
15
President Signs Update To Patent Reform
On January 14, 2013, President Obama signed into law an update to the Leahy-Smith America Invents Act (AIA).
United States
23 Jan 2013
16
Congress Passes Patent Bill To Streamline Design And Foreign-Filed Applications
On December 5, 2012, the US Congress passed the Patent Law Treaties Implementation Act of 2012, which is expected to be signed into law by the President.
United States
13 Dec 2012
17
Federal Circuit Upholds Patent Eligibility Of Claims Having Tangible Application
In a remand from the Supreme Court for further consideration in view of Bilski v. Kappos, the Court of Appeals for the Federal Circuit in Classen Immunotherapies, Inc. v. Biogen Idec, No. 2006-1634, -1649 (Fed. Cir. Aug. 31, 2011), upheld patent eligibility of two of three patents under 35 U.S.C. 101.
United States
14 Sep 2011
18
Federal Circuit Invalidates Claims That Discuss Computers But Can Be Performed Without Them
In CyberSource Corp. v. Retail Decisions, Inc., No. 2009-1358 (Fed. Cir. Aug. 16, 2011), the Federal Circuit affirmed the Northern District of California's grant of summary judgment of invalidity for two reexamined claims that are directed to detecting credit card fraud over the Internet.
United States
19 Aug 2011
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